Need help

[aparker336]

I am having to prepare a contempt and a Motion to Amend/Modify on behalf of my DH because we can not afford to retain our atty again at this point in our lives. Could you look them over and tell me what you think?  Names have been changed to protect, of course


IN THE  FOURTH CIRCUIT COURT FOR KNOX COUNTY, TENNESSEE
               



BRADLY JOE BARKER         )
                                                                        )
   PETITIONER                                   )
                                                                        )
VS.                                                                  )      NO.   __81614____
                                                                        )
CHRISTINA BARKER ROGERS              )
                                                                        )
   RESPONDENT                                 )



                   MOTION TO AMEND AND MODIFY

   Comes now the Father, Bradly Joe Barker, and would amend the Order and modify

the Permanent Parenting Plan to state as follows:

   
   1.  That Paragraph 5 should be amended to state: that the Children, upon reaching

their eleventh (11) birthday, shall be allowed to watch movies rated no higher than PG13.


   2.  That the Order and/or Permanent Parenting Plan should be modified to state:  

That it is the responsibility of both parents to assure that all 3 minor Children attend and

participate in their extracurricular activities and athletic programs, including (but not

limited to) practices, games and team parties, with the only exceptions being that the

participating Child is ill or an unforeseen emergency arises, in which case the parent

transporting the Child shall notify the other parent and coach within 24 hours or as soon

as reasonably possible of the Child's impending absence.



                  Respectfully submitted,



                   ___________________
                     Petitioner







         CERTIFICATE OF SERVICE


I, Bradly Joe Barker, certify that a true and exact copy of the Motion to Amend and Modify has been duly served upon the Respondent in this cause via the placement of same in the U.S. Mail with sufficient 1st Class postage affixed thereto and marked for delivery to her last known address at 8581 Hillvale Road Knoxville, TN 37938.



            ____________________
                            Bradly Joe Barker


_________~~~~~


THE CIRCUIT COURT FOR KNOX COUNTY, TENNESSEE
               DIVISION IV



BRADLY JOE BARKER         )
                                                                        )
   PETITIONER                                   )
                                                                        )
VS.                                                                  )      NO.   __81614____
                                                                        )
CHRISTINA BARKER ROGERS              )
                                                                        )
   RESPONDENT                                 )



                   PETITION FOR CONTEMPT

   COMES now the Petitioner, Bradly Joe Barker, and states:
   
   1.  That, pursuant to the Permanent Parenting Plan adopted and incorporated upon the conclusion of the post-divorce co-parenting litigation herein, "The Mother shall send to the Father copies of her W-2(s), 1099(s), and entire federal tax return including all schedules and attachments thereto each year within 10 days of her receipt of such W-2s and 1099s and of her filing of such returns."

   2.  That, pursuant to the Permanent Parenting Plan, "Uninsured or uncovered medical-related expenses, including (but is not necessarily limited to) deductibles and co-payments as well as optical, dental, orthodontic, therapeutic, pharmaceutical, counseling, etc. expenses shall be divided equally between the parents after insurance has paid its portion, with payments to health care providers and/or reimbursement to the other parent being made within thirty days of appropriate notification."

   3.  That, in violation of all of the above referenced terms and conditions, the Respondent has failed to comply with same, to wit: the Respondent is unwilling to send to the Father copies of her W-2s, 1099s, and entire federal tax return for the years 2002 and 2003, and the Respondent is unwilling to reimburse the Petitioner for half of the uncovered medical related expenses after receiving appropriate notification via the U.S. Postal Services.

   4.  That the Respondent's portion of Bradly Jr.'s eyeglass expenses is $83.46.

   5.  That the Respondent's portion of the Children's therapy is $416.50.

   6.  That as of March 19, 2004, the Respondent has failed to reimburse the Petitioner for a total of $324.96, after receiving 30 days written notice for the 3 minor children's Court Ordered counseling with Dr. Rosemary Burr and Bradly Jr.'s eyeglass expenses, with further contempt petitions to be filed

   7.  That there is a standing Court Order that states, "That upon strict compliance with the Orders of the Court for a period of two (2) years, the contempt charge against Christina Barker Rogers shall be purged and that upon determination of failure to strictly comply with any Order of the Court within two (2) years, the balance of the 10-day sentence shall be immediately imposed."

   8.  That the Agreed Order of Conditional Release was entered into Court on October 4, 2002.

   9.  That the Respondent is an able bodied individual capable of fulfilling the Court's Orders.


   WHEREFORE  PETITIONER PRAYS:

   1.  That process issue and be served upon the Respondent.

   2.  That this matter be set for hearing and that the Respondent be found in contempt of court for her willful failure to follow the Court's Orders.

   3.  That the Respondent be appropriately punished for her willful failure to follow the Court's Orders (i.e., immediate incarceration in the Knox County Penal Facilities until such time as the Respondent subsequently satisfies this Honorable Court that the Respondent has developed a new-found disposition to comply with all orders/directives of this Honorable Court).

   4.  That all costs pertaining to this matter be taxed to the Respondent.

   5.  That the Petitioner be granted any such other, further, and general relief that may be deemed appropriate by this Honorable Court.



                     Respectfully submitted,



                     _________________________
                        PETITIONER


         CERTIFICATE OF SERVICE


I, Bradly Joe Barker, certify that a true and exact copy of the Motion to Amend and Modify has been duly served upon the Respondent in this cause via the placement of same in the U.S. Mail with sufficient 1st Class postage affixed thereto and marked for delivery to her last known address at 8581 Hillvale Road Knoxville, TN 37938.



            ____________________
                   Bradly J. Barker



I used other, past contempt and modify petitions to word these.  



1.  Is the wording ok?

2.  Do I need to add somewhere in the Contempt petition the letters of evidence that we have?

3.  Do I file the evidence as Exhibits when I file these petitions?

4.  Do I need to get it notorized?

5.  Any other advice you could give me?

Thanks in advance!


   
   

[socrateaser]

>1.  Is the wording ok?

You have asked for two things in your motion to modify, but you present no grounds for the order. Declare facts that should move the court to make the changes you requiest.

In the contempt, you are combining counts. Lay out each count of contempt separately and state the facts for each separately.

>
>2.  Do I need to add somewhere in the Contempt petition the
>letters of evidence that we have?

You should provide whatever evidence that you deem appropriate to proving your allegation.

>3.  Do I file the evidence as Exhibits when I file these
>petitions?

Yes, copies...not originals.

>
>4.  Do I need to get it notorized?

Depends on the jurisdiction. But, it couldn't hurt.

>
>5.  Any other advice you could give me?

In some jurisdictions, only a public prosecutor (DA) can request punitive contempt (incarceration or a fine payable to the court).

You may have to be satisfied with monetary sanctions made payable to you in order to encourage future compliance.